Grant of Temporary Easement (City to SouthWest Transit)
GRANT OF TEMPORARY EASEMENT
CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantor, hereinafter
referred to as "City", in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant
unto SOUTHWEST TRANSIT, a joint powers entity organized under the laws of the State of
Minnesota, the Grantee, hereinafter referred to as "SouthWest", its successors and assigns, a
temporary access and construction easement ("Temporary Easement") over, across, on, under,
and through the land situated in the County of Carver, State of Minnesota, as legally described
on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the "Premises").
TO HA VE AND TO HOLD the same, unto SouthWest, its contractors, agents, servants,
successors and assigns, commencing upon April 1, 2010 and expiring on December 31, 2011,
together with the right of ingress to and egress from the Premises, for the purposes of access to
SouthWest's construction site related to its construction of a parking ramp and bus turn around
on property in close proximity to the Premises and construction of roadway improvements on
and adjacent to the Premises. This Temporary Easement includes the right to allow SouthWest to
remove vegetation, including bushes, shrubs, trees, plants, undergrowth and other obstructions, if
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any, that interfere with the temporary use of the Premises and construction of the roadway
improvements. City hereby grants the uses herein specified without divesting itself of the right
to use and enjoy the above described Premises, subject only to the right of SouthWest to use the
same for the purposes herein expressed.
City acknowledges that the Premises will be permanently altered due to the construction
of roadway improvements on and adjacent to the Premises. The condition of the Premises at the
termination of the Temporary Easement shall be as specified in the contract documents to be
entered into by SouthWest and approved by City for construction of the roadway improvements.
The above named Grantor, for itself, its successors and assigns, does covenant with
SouthWest, its successors and assigns, that it is well seized in fee title of the above described
Premises; that it has the sole right to grant and convey the Temporary Easement to SouthWest;
that there are no unrecorded interests in the Premises; and that it will indemnify and hold
SouthWest harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this Ji!!! day
of ~~ ,2009.
GRANTOR:
CIT~HANHASSEN
By: I~A~
Thomas A. ~ong, Mayor (
By: /' 1Jj~
Todd Gerhardt, City Manager
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v.
ST ATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this /gt!1 day of 7J- ~
2009, by Thomas A. Furlong and Todd Gerhardt, respectively the Mayor and City Manager for the
City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant
to the authority granted by its City Council. (--;)". A ~ ~ J /7A4A -' ......J/ _
TillS INSTRUMENT WAS DRAFTED BY:
CAMPBEll. KNuTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP/cjh
\
" KAREN J. ENGELHARDT I
' Notary Public-Minnesota
My commission Expires Jan 31, 2010
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..
-a-of .
EXHIBIT "A"
TO
GRANTOFTE~ORARYEASEMENT
An easement for temporary construction purposes over, under and across that part of the
following described properties:
That part of the Northwest Quarter of Section 13, Township 113, Range 23, Carver
County, Minnesota, described as follows:
Commencing at the Northeast comer of said Northwest Quarter; thence south
along the east line of said Northwest Quarter a distance of 351.5 feet; thence west
at right angles 192.00 feet more or less to its intersection with a line 192.00 feet
west of and parallel with the east line of said Northwest Quarter, as measured
along a line parallel with the north line of said Northwest Quarter, to the actual
point of beginning; thence continue along the last described course 15.00 feet;
thence north parallel with the east line of said Northwest Quarter to a line 303.00
feet south of and parallel with the north line of said Northwest Quarter, as
measured along a line parallel with the east line of said Northwest Quarter; thence
east parallel with the north line of said Northwest Quarter a distance of 15.00 feet
to a line 192.00 feet west of and parallel with the east line of said Northwest
Quarter, as measured along a line parallel with the north line of said Northwest
Quarter; thence south parallel with the east line of said Northwest Quarter to the
point of beginning.
AND
Outlot A, Old Village Hall, According to the recorded plat thereof.
Which lies southerly and southeasterly of the following described line:
Commencing at the Northeast comer of said Northwest Quarter; thence south along the
east line of said Northwest Quarter a distance of 351.5 feet; thence west at right angles
192.00 feet more or less to its intersection with a line 192.00 feet west of and parallel
with the east line of said Northwest Quarter, as measured along a line parallel with the
north line of said Northwest Quarter, thence continue along the last described course
15.00 feet; thence north parallel with the east line of said Northwest Quarter a distance of
8.73 feet to the point of beginning of the line to be described; thence North 54 degrees 12
minutes 00 seconds East to the northeasterly line of Outlot A, Frontier Cinema Addition
and said line there terminating.
Said temporary easement to expire December 31, 2011.
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